DRUG BUST BY 'GOTH' OFFICERS AN ABUSE:

Court Conviction Thrown Out: Police Dressed In Dark Clothing, Makeup
Entrapped Teen At Shock Rocker's Show

A concert of the controversial rock star Marilyn Manson was singled out by
Hamilton police for a "buy and bust" operation. An appeal court ruled that
police entrapped a youth when they went undercover and bought drugs. The
lawyer who appealed the youth's conviction said controls are needed on
police stereotypes about who drug dealers are.

A three-year legal battle over the sale of $10 worth of marijuana outside a
Marilyn Manson concert in Hamilton ended yesterday when the Ontario Court
of Appeal ruled there was an "abuse of process" by undercover police officers.

The court said police engaged in entrapment and set aside the trafficking
conviction of a then 14-year-old youth, identified as J.S., who was
arrested after selling the marijuana to undercover officers on May 2, 1997.
In its ruling, the court found that police induced the youth to commit an
offence.

J.S. was given a conditional discharge.

Eighteen members of the vice and drug section of the Hamilton-Wentworth
police force were involved in a "buy and bust" operation outside Copps
Coliseum that night. They were instructed to try to purchase narcotics from
people attending the controversial shock rocker's concert.

The supervisor of the operation, Detective Stephen Stone, testified during
the trial that he believed it was the type of concert that would attract
drug trafficking.

"There's certain groups known as Goths that attend these events and they
sort of have made a name for themselves to be against the laws of society,"
said Det. Stone.

In his testimony, J.S. said he was approached by two men outside a Harvey's
restaurant near Copps Coliseum. J.S. said the undercover officers were
"fairly big men, dressed in trench coats. I noticed that they did look a
bit older."

A friend of J.S. added that the undercover officers "looked like KISS fans
basically. They had white makeup, long black hair."

The officers, both 11-year veterans of the police force, admitted that they
dressed in a "gothic style" to try to fit in with the other Marilyn Manson
fans. Detective Constable Mark Cox said he wore dark clothing, a number of
silver chains around his belt, a T-shirt with a picture of a skull on it,
as well as eyeliner and lipstick on his face.

Detective Constable Blake Easto testified he also wore dark clothing,
makeup and a long black wig.

After approaching J.S. and his friends, one of the undercover officers
said, "Hey man, gonna be a wicked concert, huh," but then complained he
could not find any drugs in Hamilton. He asked J.S. if he could "score some
weed."

J.S testified that he turned to his friends to decide what to do. But he
also felt pressured when the man persisted, saying, "Come on man, just a
dime, do me a favour."

Eventually, J.S. sold the officer the marijuana to get some money to buy a
hamburger at Harvey's.

The officers testified that they approached about 20 people that night, but
made only one other drug arrest involving a small amount of LSD.

Greg Lafontaine, the lawyer who handled the appeal for J.S., criticized the
police operation as well as prosecutors for going ahead with a trial on the
serious charge of trafficking.

"Taxpayers should be absolutely outraged," stated Mr. Lafontaine.

"The police and the Crown have invested tens of thousands of dollars in the
creation and prosecution of an offence that would never have been committed
in the first place. It makes you wonder if they have their priorities
straight."

Mr. Lafontaine said he was also troubled by the apparent police strategy to
target certain groups in their undercover drug stings.

During the trial, Det. Stone agreed that "buy and bust" operations by
Hamilton police were restricted to certain events. Along with Marilyn
Manson shows, he said bluegrass music concerts and "Afro-Caribbean-type
events" were other examples where police might find drug trafficking taking
place.

But they would not target a Hamilton Bulldogs hockey game or a Reba
McIntyre concert.

In calling for stricter controls on these operations, Mr. Lafontaine said,
"if you leave it to police discretion, you leave it to police stereotypes
about who the drug dealers are."

Hamilton-Wentworth police would not comment on the appeal court's ruling.
"We'll make a comment when we have a chance to review the case," said
Detective Gary Ostofi, a police spokesman.

Jeffrey Levy, a Hamilton lawyer who was contracted by the department of
justice to prosecute the case at trial, also declined to comment.

David Littlefield, a senior prosecutor with the justice department, agreed
that in hindsight this may not have been the best use of resources.

"However, it [marijuana trafficking] is still an offence according to
Parliament," he said, noting that the youth was convicted at trial.

"I wouldn't say it [the prosecution] was unjustified."